Top workplace myths In this article, the first of a two-part series, we discuss some common workplace myths and provide clarity on the rights and obligations of employers and employees. Diana Diaz, Special Counsel, Gadens
“We pay above the award so our employees are award-free” Employers often pay awardcovered employees an overaward annual salary. However, this does not mean that the award no longer applies. As a general comment, award coverage is determined by assessing an employee’s role in accordance with the classifications contained in a modern award – regardless of the employee’s income. Employees that are award covered must still be paid at least what they would have been paid under the award, including overtime and penalty rates. Other sections of the award such as breaks and consultation obligations, will continue to apply. “I can only request a medical certificate if an employee takes sick leave around a weekend or a public holiday” Employers can request medical evidence, such as a medical certificate, on each occasion that an employee is absent due to an illness or injury, including a single day or part-day absence. Employers can also request evidence if an employee is requesting to take carer’s leave.
Employers should also consider their policies when making requests for medical certificates. “Employees can’t make unfair dismissal claims if they are terminated during the probationary period” Employment contracts usually set a six-month probationary period to align with the statutory ‘minimum employment period’ that some employees must serve before making an unfair dismissal claim. However, the probationary period and the statutory minimum employment period are separate concepts.
Erin Lynch Partner, Gadens
If a longer contractual probationary period applies than the six-month minimum employment period and an employee’s employment is terminated after the statutory minimum employment period, the employee may be eligible to make an unfair dismissal claim. “You only need to provide policies at induction”
Rocío Jamardo Paradela, Associate, Gadens
Policy training at induction is important to address inappropriate workplace behaviours, however, it will not always be enough.
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